Tag Archives: pro bono

DUBLIN, May 7 (CDN) — Gao Zhisheng, a Christian human rights lawyer released by Chinese officials on April 6 and missing again since April 20, is “definitely in the hands of Chinese security forces,” Bob Fu of the China Aid Association (CAA) told Compass.

“We’ve heard the reports and we’re investigating this closely,” Fu said. “Right now nobody has been able to locate him. The Chinese security forces need to come up with an explanation.”

Gao, initially seized from his home in Shaanxi Province on Feb. 4, 2009 and held incommunicado by security officials for 13 months, was permitted to phone family members and colleagues in late March before officials finally returned him to his Beijing apartment on April 6.

In a press conference held in a Beijing teahouse the day after his return, Gao said he wanted to be reunited with his family, who fled to the United States in January 2009, and he claimed he no longer had the strength to continue his legal work. He also said he could not comment on the treatment he received while in captivity.

Gao also told a reporter from the South China Morning Post (SCMP) that he expected to travel to Urumqi within days of his release to visit his in-laws.

Witnesses saw Gao leaving his apartment sometime between April 9 and 12 and getting into a vehicle parked outside his building, SCMP reported on April 30. Gao’s father-in-law reportedly confirmed that Gao arrived at his home with an escort of four police officers but spent just one night there before police took him away again.

Gao phoned his father-in-law shortly before he was due to board a flight back to Beijing on April 20. He promised to call again after returning home but failed to do so, according to the SCMP report.

Fu said he believes that international pressure forced authorities to allow Gao a brief re-appearance to prove that he was alive before officials seized him again to prevent information leaking out about his experiences over the past year.

During a previous detention in 2007, Gao’s captors brutally tortured him and threatened him with death if he spoke about his treatment. Gao later described the torture in an open letter published by CAA in 2009.

Gao came to the attention of authorities early last decade when he began to investigate the persecution of house church Christians and Falun Gong members. In 2005 he wrote a series of open letters to President Hu Jintao and Premier Wen Jiabao accusing the government of torturing Falun Gong members.

When the letters appeared, authorities revoked Gao’s law license and shut down his law firm, sources told CAA.

He was given a suspended three-year jail sentence in December 2006, following a confession that Gao later claimed was made under extreme duress, including torture and threats against his wife and children. Gao was then confined to his Beijing apartment under constant surveillance – forbidden to leave his home, use his phone or computer or otherwise communicate with the outside world, according to a report by The New York Times.

A self-taught lawyer and a Communist Party member until 2005, Gao was once recognized by the Ministry of Justice as one of the mainland’s top 10 lawyers for his pro bono work on human rights cases, according to SCMP.

Fearing conviction, five suspects said to beat 15- and 21-year-old into dropping charges.

LAHORE, Pakistan, March 18 (CDN) — Five Muslims allegedly ransacked the house of an impoverished Christian in this capital city of Punjab Province last month and angrily beat his daughters in an effort to get the family to withdraw rape charges.

Muhammad Sajjid wielding a pistol, Muhammad Sharif brandishing a dagger and Muhammad Wajjad and two unidentified accomplices carrying bamboo clubs arrived at the Lahore home of Piyara Masih the afternoon of Feb. 26, Christian leaders said. The Muslims allegedly ransacked the house and began thrashing his two daughters, a 15-year-old and her 21-year-old sister, Muniran Bibi, according to attorney Azra Shujaat, head of Global Evangelical Ministries, and Khalid Gill, president of the Christian Liberation Front (CLF).

Muniran said Sharif stabbed her four times with the dagger.

“They ripped apart my clothes, as well as my sister’s,” she said. “In the meantime, Muhammad Sajjid kept firing into the air to terrorize us.”

The family accuses the men of raping her then-13-year-old sister in 2008. Their frail father said that the gang leader, Sajjid, commanded his accomplices to abduct both Muniran and her sister in the most recent attack, without success. A neighbor who requested anonymity said that a large number of people gathered in front of the house upon hearing the cries of the Christian family, causing the five Muslims to flee.

The alleged attacks on the family were predicated in part on the assumption that, as Christians, they will get little help from a justice system biased against non-Muslims and easily swayed by threats, bribes or other means of persuasion from Muslims, Christian leaders said. When the family approached Nishtar Colony police for help, officers refused to register a case.

Attorney Shujaat said that in refusing to file assault charges, police bowed to the power of wealthy area Muslims. Shujaat, who is providing pro-bono counsel for the family, said he registered a First Information Report (FIR) at the Lahore High Court, accusing the men of ransacking the house and illegal weapons. Only after the high court order for police to file an FIR and strenuous efforts by him, Christian politicians and clergymen did the Nishtar Colony police register one against the Muslim gang.

Police did not register the FIR until March 2, he said, on orders of Additional Sessions Judge Justice Mahr Muhammad Yousaf.

The Christian family said they were still receiving death threats.

Gill, who besides being president of CLF is head of the All Pakistan Minorities Alliance, said the alleged rape took place on Easter Sunday, April 8, 2007, when Sajjid, Sharif, Wajjad and an unknown accomplice attacked the family.

“The chastity of [name withheld], who was 13 years old then and youngest among her sisters, was ruined by all four Muslim gang members, and later they abducted her and kept her at an undisclosed locality,” Gill said.

Police later recovered her, and a medical examination proved that she had been repeatedly sexually abused, Gill added.

Shujaat said the four men were being prosecuted for rape and abduction of the girl in District and Sessions Court. Sources told Compass that the alleged rapists were granted bail and secured liberty soon after their apprehension.

Shujaat said evidence at their trial showed they were responsible for the rape, and that a conviction was imminent.

Ferhan Mazher, head of Christian rights group Rays of Development Organization, said the only way for the “perverse Muslim criminals” to do away with the court’s judgment was to convince the Christian family, through threats and violence, to drop the charges.

“Therefore the Muslim men invaded the house of the Christian family to exert intense pressure on them to quash the case,” Mazher said.

Police ignore arrest order, but lawyers hopeful 13-year-old can be returned to parents.

ISTANBUL, February 26 (Compass Direct News) – After months of legal deadlock, lawyers in Pakistan said they have new hope they can restore to her family a 13-year-old Christian girl who was kidnapped and forced to marry a Muslim.

Saba Masih might be returned to her family, the lawyers said, if they can legally maneuver around Pakistani policemen who have stonewalled their attempts to pursue a kidnapping case against the captors. On Saturday (Feb. 21) a Pakistani judge charged the suspects with kidnapping for the first time in the seven-month legal ordeal.

“The judiciary is one thing, the police are another,” said Arfan Goshe, a lawyer who has taken on the custody case. “I will prove [the three accused men] kidnapped Saba so the judiciary will force the police to arrest them.”

On Saturday (Feb. 21), Judge Mohammed Ilyas issued a First Instance Report (FIR) at a subordinate court in the Punjabi village of Chawk Munda against Amjad Ali, Muhammad Ashraf and Muhammed Arif Bajwa on charges of kidnapping, trespassing, and threatening the Masih family.

Attorney Goshe, a Muslim, said the three kidnappers trespassed onto the property of Yunus Masih, the father of Saba, and threatened to kill his family and burn down his house in late December.

The decision to file kidnapping charges marks a major shift of momentum in the case. In previous hearings judges have nearly always sided with the kidnappers – based on either dubious evidence or threats from local Islamists – in the Muslims’ legal battle to retain custody of Saba and her 10-year-old sister Aneela. A court ruled the younger daughter could return to her family last September.

The two girls were kidnapped in June 2008 while traveling to visit their uncle in Sarwar Shaheed, northwest of Multan. Saba was married to Ali the next day. Bajwa and Ali registered a case with police on June 28 for custody of the girls based on their alleged conversion to Islam. The court granted them custody in July.

At nearly all the hearings, Muslim groups protested outside the courtroom against lawyers attempting to return Saba to her Christian parents. A traditional interpretation of Islamic law (sharia) does not allow non-Muslim parents to have custody of Muslim children.

In spite of the judge’s decision to begin procedures for kidnapping charges, Chawk Munda police have not followed through with the FIR by arresting the three Muslims. Today the judge contacted the local police station and ordered officers to register the kidnapping case against the three men, Goshe told Compass. He said he hopes police will file the FIR within the next few days.

“The police are favoring the accused party at this time,” he said. “Everybody knows [Saba] was abducted, and that the culprits are trying to threaten minorities everywhere.”

But others are less optimistic the kidnappers will be arrested. Khalid Raheel, Saba’s uncle, said he believes he may have to bribe the police. They would likely demand around 20,000 Pakistani rupees (US$250), he said.

Uncooperative police had also blocked the legal team’s efforts to register charges before Saturday’s ruling. As a result, the Christian family’s lawyers filed a private complaint to the subordinate court of Chawk Munda, sidestepping the need for a police investigation to file charges that would be necessary at a normal criminal court.

Goshe said the court is finally complying after months of deadlock because the multiple charges against the kidnappers cannot be ignored. Previous court hearings focused on Saba’s alleged conversion to Islam to mitigate the charges of her kidnapping, but the judiciary could not ignore the three suspects’ subsequent crimes of trespassing and attempting to burn down the Masihs’ house, he said.

In January, lawyer Akbar Durrani of the Centre for Legal Aid Assistance and Settlement (CLAAS) filed an appeal to register kidnapping charges against Ali, the husband of Saba. Durrani had tried to register these charges in December, but Judge Malik Saeed Ijaz refused the case since it was built upon the testimony of Saba’s sister Aneela, whose status as a minor invalidated her testimony.

Instead, the judge ordered Ali to pay a dowry of 100,000 rupees (US$1,255) and allow her parents to visit, both required by Pakistani marriage protocol. Saba, however, relinquished her dowry, a prerogative provided by sharia. Her family suspects that she made this decision under threat.

Struggling Family

Attempts by Saba’s family to contact and visit her have been thwarted by Ali’s Muslim family members, despite a court order for visitation rights.

“We have heard nothing from Saba,” said Raheel, her uncle. “Once we tried to visit her, and [Ali’s family] ran after us and tried to shoot us. But the judges did not do anything.”

The seven months of legal battling have taken their toll on Saba’s family. Her parents have eight children but have been unable to send their sons to school due to the ongoing costs of the case, even though CLAAS has undertaken it pro bono.

The girls’ uncle has been trying to maintain the family’s quality of life as they struggle to get Saba back and their legal options dwindle.

“This year I will try my best to help them and send them to a school,” said Raheel.

Aneela continues to adjust to life back with her family, away from captivity. She is preparing to resume her schooling.

Common Crime

Kidnapping and rape victims in Pakistan are often Christians, since the influence of sharia on the country’s judicial system means they can be unofficially treated as second-class citizens.

Last month Muslims allegedly abducted and raped another 13-year-old Christian girl. CLAAS reported that two men kidnapped Ambreen Masih in the industrial city of Sheikupura, located northwest of Lahore. Her attackers threatened to her keep silent, and she was abducted a second time this month before her parents discovered the crime, according to a CLAAS report.

The family filed rape charges against the two kidnappers in Sheikupura, but policeman have not yet taken legal action, according to CLAAS.

ISTANBUL, November 25 (Compass Direct News) – Last week’s court hearing on the bloody murder of three Christians in Turkey’s southeastern city of Malatya paved the way for further investigations into the connection between the five defendants and shadowy elements of the Turkish state linked to criminal activities.

The 13th hearing at Malatya’s Third Criminal Court on Friday (Nov. 21) in the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske presented little new evidence. No witnesses were called to testify.

The court prosecutor and plaintiff lawyers, however, are pursuing proof that there are links between the murderers and Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in recent murders.

A separate criminal investigation has linked the cabal to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government. Evidence in the Malatya case indicates that a local journalist, Varol Bulent Aral, acted as a bridge between the five murder suspects and Ergenekon.

Plaintiff attorneys also believe that Aral incited the suspected ringleader of the attack, Emre Gunaydin, to murder by convincing him foreign missionaries were connected to the Kurdistan Worker’s Party, a domestic outlawed terrorist organization.

According to a Nov. 14 statement, Gunaydin testified that Aral promised him state immunity for the planned attacks. In court last week, however, he refuted the claim and said he hadn’t met with Aral.

On April 18, 2007 the three Christians were tied up, stabbed and tortured for several hours before their throats were slit in what Turkish media have dubbed “the Malatya massacre” at the Zirve Publishing Co. office in Malatya.

Gunaydin along with Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 19 months, are accused of the murder. They are all between 19 and 21 years old.

Per their request, plaintiff attorneys have received the Ergenekon file from the 13th High Criminal Court of Istanbul and have reviewed it for connections with the Malatya murders. It is now under investigation by the court prosecutors and judges.

“We are talking about a room with five guys and three men,” said Orhan Kemal Cengiz, who leads the team of plaintiff lawyers. “There is no doubt this is first degree murder; a barbaric act. These things will increase their term of punishment to three counts of murder and three life imprisonment terms each, as well as other crimes such as preventing freedom, stealing and others. We don’t have a question about this.”

The question that remains, according to the plaintiff attorneys, is the identity of the real powers behind the bloody attack. Cengiz said he and the court now have no doubt there were greater forces behind the Malatya murders.

“I am 100 percent sure – it is the impression of the prosecutor and no one has doubts – there are sources behind these young men, but we can’t identify them,” Cengiz told Compass.

The plaintiff team hopes to bring up to 21 witnesses to the stand in subsequent hearings in order to make connections between Ergenekon and the Malatya murders clear.

“We believe all of them are somehow connected and have relevant information to this case,” he said.

If the list is accepted, he said the trial may go on for another year. “But if nothing comes out last minute, it may be over in three or four months,” he said.

Missionary Activities on Trial, Again

At Friday’s hearing, defense lawyers reiterated their position that the five young men acted in response to missionary efforts, suggesting that such activities were sufficiently nefarious to incite the violent murders.

The prosecution team rebutted the statement, saying that according to constitutional Articles 9 and 24, people have the right to share their faith, and no person or authority can follow and record those activities. They pointed out that the five defendants had been collecting data and planning the murders at least eight months before they carried them out.

Defense lawyers also requested that the prison where the defendants are held conduct a psychological exam of the defendants – especially Gurler – because they were all under stress due to suspected ringleader Gunaydin’s threats.

Revisiting Crime Scene

Those present in the courtroom on Friday viewed year-old video footage of defendants Ozdemir, Ceker and Gunaydin each walking through the crime scene shortly after their arrest, describing how they attacked, stabbed and sliced the throats of Aydin, Geske and finally Yuksel.

A sobering silence prevailed in the courtroom as judges, lawyers, local press, Turkish Protestant observers and others watched Ozdemir and later Ceker walk through the Zirve publishing house and re-enact the murders over the dried blood pools of the three martyrs. In their accounts, they implicated Gunaydin and Salih as the main aggressors, although all accuse the others of participating in the murders.

During the video presentation, judges and lawyers noticed suspect Gurler laughing at the witnesses’ testimonies at the crime scene. In the video, Ozdemir and Ceker testified that they had told Gurler and Gunaydin they couldn’t take the violence.

In the video testimony, Ozdemir said he told Gurler while he was stabbing Aydin, the first to be killed, “That’s enough, I can’t do this.” Ozdemir looked down during his video testimony, forlorn and unable to watch.

Gurler later told angry judges that he was laughing because all the witnesses’ statements in the video were false.

“They’re lying against me,” he said.

In his video account of the murder scene, Ceker described how the five young men and the three Zirve staff members talked “a lot” about religion before the suspects attacked Aydin, tying him and lying him on the floor face down.

Gunaydin confronted Aydin about his missionary activities and asked him why he was acting “against Turks” before Gurler sliced his throat, according to Ceker’s original statement.

In Gunaydin’s video testimony, profusely sweating, he described the repeated stabbings of the victims, re-enacting his arm movements and describing how Ozdemir held a gun at the victims, threatening them.

“I didn’t look,” Gunaydin said after describing one of the violent stabbing scenes. “I’m weak about these things … I can’t even cut chicken.”

He described how while Yildirim and Gurler were repeatedly stabbing Geske, the victim lifted his hands up in a gesture of prayer. Gunaydin also described how Yuksel, injured by the stabbing while tied and on the floor, cried out in Turkish, “Mesih, Mesih [Messiah],” between moans before they stuffed a towel in his mouth to silence him.

After the court showed his video testimony, Gunaydin stood up and told the court he had just gotten out of the hospital at that time, and that that account was not how he now remembered the events of April 18, 2007.

In their video testimony, the young men described how the phone and doorbell were ringing while they were torturing the Christians. Before coming out the door with their hands in the air, they showed police interviewing them in the video how they had disposed of their guns and bloodied knives in the Zirve office.

Gunaydin escaped through a window, fell and was severely injured. On Friday plaintiff lawyers requested from the court an investigation into who entered the crime scene while Gunaydin was in the hospital.

When the defendants were asked whether they knew of Aral’s alleged offer of state protection to Gunaydin or a monetary award for the murders, they claimed to have no information.

“I never saw a check in the course of these events, nor did I hear anything about it,” said Gurler. “I only knew that Emre had a bank statement.”

Yildirim also claimed ignorance: “I don’t remember anything about a check. If Emre had one, it would have stayed in his pocket; he wouldn’t have showed it to us.”

When asked about meetings between Gunaydin and Aral, the defendants said they hadn’t witnessed any between the two. They did admit to having spoken to Aral at a sports complex about a different matter, but they knew him as “Mehmet.”

Foreign Press, Organizations Negligent

Twelve of the nearly 20 private and human rights lawyers from around Turkey that compose the plaintiff team attended the court hearing last week. Cengiz said the primary purpose of the plaintiff lawyers, who are working pro bono, was to create a legal “common eye” that is watching all related cases such as Ergenekon and the murder of Hrant Dink, editor of Armenian newspaper Agos, who was murdered months before the three Christians in Malatya.

But the plaintiff lawyers pointed out that very few international bodies and foreign press members are actively monitoring the case, even though in their estimation the Malatya murders are directly linked to uncovering deep elements of Turkish corruption.

“This case has tremendous implications for democracy and deep-state elements in Turkey,” said Cengiz, who has received numerous threats since the beginning of the trial and lives under 24-hour protection.

“What we have here is a concrete act of the Ergenekon gang and it’s interesting.”